ASK & DISCUSS
INDEXAny clearance needed for music of original band when using performance video by a tribute band?
10 years, 7 months ago - Alève Mine
Making a mix of interview and live performance video for a tribute band. Currently editing. Do I need to make some agreement with the rights holders of the original band? Some members are still alive, too. No income planned with this, although you never know.
There is also a bit in the interview where one of the tribute band members is playing music from a third band on his phone for a few seconds. Their reaction is very funny and I'd love to keep that bit in the edit. Do I need to contact the rights holders of that third band, too?
Thanks...
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10 years, 7 months ago - Alève Mine
Just rewatched that horrible thing.
Anyways, the whole film budget. Gee.
10 years, 7 months ago - Marlom Tander
It depends.
Partly it depends on whether or not anyone cares, and if they do, how much.
Bands can freely play covers (the songwriters copyright on live performance is handled through collection agencies fees to venues) but those licences do not extend to use of a recording you make.
Fair Use probably doesn't apply as that's generally about context, and in this case the original owners might feel that their work is rather central to the whole thing. (The fact that that they are alive doesn't matter - even the dead ones have estates that control the copyright). That said, if it's a docu then provided the phone incident was not staged, that third band snippet probably is Fair Use, but I am not a lawyer and if stakes are high I'd consult one.
Your publisher might be even more restrictive - for example YouTube says that they allow for Fair Use such as "incidental" inclusion but their Content ID system will flag it and as far as YT is concerned, that's that. If a Festival rule requires that you either clear all copyrights or know that your uses are allowed exempt, you need to KNOW that.
But if you just want to put it on your own server - go with your understanding and let them sue you, should they feel so minded. Unless it goes viral, they'll never know.
So it's not what you can do in law, it's that, plus any additional rules laid down by your "publisher".
cheers
10 years, 7 months ago - Paddy Robinson-Griffin
Third party bit, yep, mute or replace it if the reaction is worth keeping!
If the original band stool own publishing rights for their tracks, that's easy to sort. Some will, some won't, some will have reverted to the artists, the only way to actually know is to ask specifically :)
10 years, 7 months ago - Alève Mine
Paddy thanks. Indeed there seems to be such activity, very constructive isn't it.
Glad I asked: it initially didn't occur to me at all that there could be anything about publishing rights.
The tribute band is actually friends with the original band luckily, so I guess we'll be able to reach them and come to an agreement in an agreeable manner. And that bit of the third band - some old big name - I'll mute or remove that bit.
10 years, 7 months ago - Timothy Chick
Hi Aleve,
Paddy is right it's all grey and you need to be absolute sure you are in the clear.
The classic tale is the story about Tarrantino's Pulp Fiction. If I recall correctly, he'd shot the film and was all ready to go when it was found he didn't have clearance for a small piece of music by Stealer's Wheet (Gerry Rafferty) It cost him the entire budget of the film again to buy it out.
The moral is take nothing for granted, even if they are your friends; get releases for everything.
Regards
Tim
10 years, 7 months ago - Paddy Robinson-Griffin
It's grey, it's always grey, and being technically right doesn't stop people from barging around expensively with all IP issues. There are companies whose whole revenue is based around sending threatening letters by the thousand, never intending to actually sue, just threatening, for instance.
Making a film, as a rule to be on the safe side, clear everything, or mock it up. Can you replace the audio on the song they laugh at with something you're licenced for? Good reaction still, but no rights issues.
As for using cover versions, the performance rights are fine, the publishing rights aren't, and that's real money. Needn't be much though, if you can talk to the original rights holders they may let it go for a token on a web documentary and just be pleased to have been asked, you never know!
10 years, 7 months ago - Paddy Robinson-Griffin
The ear chopping scene was written around the music, he cornered himself!
10 years, 7 months ago - Alève Mine
Paddy bravo: it turns out it is the less easy to sort structure we're facing. I've emailed PRS, I guess that's the place to go.
10 years, 7 months ago - Alève Mine
Tim thanks!
I've contacted the publisher I could find online for SAHB...
The entire budget of the film, seriously? Was there no other song in the world that would work? And: how did he come up with the funds?
10 years, 7 months ago - Alève Mine
Marlom, thank you very much. I guess I'll remove the bit of the third band, and have now initiated trying to get clearance from the original band. Have a good day.